Wiser Law
Your journey matters – where law becomes your shield, and hope your guide!
Utah Caselaw Review: Miner v Miner, 2025 UT App 64
In Utah’s courts, a tale of strife, John and Lisa, once man and wife. Divorced in ’17, their battles grew, Over alimony, tax debts due. A mediation, September ’22, Settled disputes, or so they knew. John took the taxes, a hefty load, Lisa’s alimony, to a trickle slowed. But lo, a twist, just days thereafter, […]
Protective Order Caselaw review: Bountiful v. Swenson 2024 UT App 133
This case is an interesting (and rare) decision dismissing a protective order violation charge. This is a must read for anyone who handles domestic violence cases. I suspect we’ll see a renewed increase in requests for specific proximity restraints going forward. The case involved a Mother who obtained a protective order against the Father of […]
Big Changes to Utah Family Law Code
Beginning Sept 2024, there have been a massive changes to Utah’s family law code. Are you wondering what to do if you have a court order that refers to Utah Code 30-3-35, 30-3-35.1, or 30-3-35.2? Those sections no longer exist. What used to be Title 30 of the Utah Code has now been moved to […]
Spring Break Parent-time in Utah in 2024
Many parents fight over who gets Spring Break parent-time in Utah each year because it can be confusing to reconcile how school calendars and the Utah Code work together. The standard schedule in Utah Code 30-3-35(13) says in even numbered years (like 2024) the custodial parent (whomever has the most overnights) gets the holiday break. […]
Open Letter regarding House Bill 272 – Kayden’s Law in Utah
I previously reached out expressing concern with the wording of HB272. While expressing support for the basic premise of the Bill – keeping children safe from harm – I discussed why the specific wording of the Bill would lead to unintended consequences for families in crisis. I am aware other family law attorneys and professionals […]
Termination of Parental Rights Caselaw Review: In re D.S., 2023 UT App 98
In recent years, Utah law has made it challenging to terminate parental rights if a parent objects and there are alternative options. For example, if the court could give permanent custody to a relative while allowing the parent at least supervised visitation. Unless the evidence shows it is strictly necessary to terminate a parent’s rights […]
Alimony caselaw review: Knight v. Knight, 2023 UT App 86
Do you wonder what Utah courts look at when deciding alimony? Utah’s appeal courts regularly release new opinions providing guidance on this topic which is binding on Utah courts. In the recent case of Knight versus Knight, the Utah Court of Appeals addressed whether it was proper to limit the amount of alimony a wife […]
President’s Day Holiday Parent-time in 2022
The Presidents Day holiday weekend goes to the noncustodial parent in 2022 under the standard Utah holiday schedule. The holiday lasts from Friday at 6 p.m. until Monday at 7 p.m. generally. However if the holiday extends for a lengthier period of time the parent exercising the holiday is generally entitled to that extra time. […]
Thanksgiving Parent-time in 2021
The “custodial” parent gets the Thanksgiving holiday in 2021 under the Utah in-state parent-time statute. The Thanksgiving holiday is defined as beginning Wednesday (Nov 24) at 7 p.m. until Sunday (Nov 28) at 7 p.m. However if you are following the parent-time schedule in Utah Code 30-3-35.1 then the custodial parent may keep the child(ren) […]
Christmas Parent-time in 2021
In 2021, the noncustodial parent gets the first half of the Christmas school vacation, including Christmas Eve and Christmas Day. It lasts until 1 p.m. on the day halfway through the holiday (if there are an odd number of days) or 7 p.m. (if there are an even number of days) so long as the […]